MAKIN v. MASSON.
(1947) 81 Ll.L.Rep. 39
COURT OF APPEAL.
Before Lord Greene (Master of the Rolls), Lord Justice Somervell and Mr. Justice Atkinson.
Negligence-Personal injuries sustained by plaintiff seaman on board ship - Dismantling of torpedo net defence installation -Supporting guy attached to bottle screw - Screw insufficiently threaded - Sudden collapse of guy owing to screw coming apart, causing plaintiff to fall from platform 16 ft. above deck-Evidence that installation had been serviced and overhauled by naval personnel at Birkenhead just before she sailed on her voyage to St. John (N.B.) - Naval personnel under control of leading seaman (R.N.) - "N.D. Training Certificate" signed by naval officer and by master of ship certifying that installation was in efficient working order and that ship's company had received adequate training in its use-Duty of shipowners to inspect-Extent of duty-Action brought against leading seaman (R.N.) (first defendant) and against shipowners (second defendants)-Whether plaintiff precluded from recovering by reason of provisions of Pensions (Mercantile Marine) Act, 1942-Minister of Pensions empowered to make awards in respect of war injuries to seamen "which are not war injuries as defined by" the Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939-Pensions (Mercantile Marine) Act, 1942, Sect. 1:
(2) The injuries falling within this section are physical injuries sustained on or after the third day of September, nineteen hundred and thirty-nine, at sea or in any other tidal water or in the waters of any harbour, and attributable to-
(a) the taking of measures with a view to avoiding, preventing or hindering enemy action action ships,
or as a precaution in anticipation of enemy action against ships, or for rescue or salvage purposes in consequence of enemy action against ships;
(d) the existence on board ship of any other conditions arising out of any such war as aforesaid which would be abnormal in time of peace . . . . . .
(3) For the purposes of this section an injury or any loss or damage shall be treated as being attributable to the matters specified in paragraph (a) . . or in paragraph (d) of the last preceding sub-section if, but only if, they substantially increased the risk of the peril occurring which caused the injury, loss or damage.